What the law states

Section 249B of the Crimes Act 1900 (NSW) states that:

(1) If any agent corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person for the agent or for anyone else any benefit:

(a) as an inducement or reward for or otherwise on account of:

(i) doing or not doing something, or having done or not having done something, or

(ii) showing or not showing, or having shown or not having shown, favour or disfavour to any person, in relation to the affairs or business of the agent’s principal, or

(b) the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal, the agent is liable to imprisonment for 7 years.

(2) If any person corruptly gives or offers to give to any agent, or to any other person with the consent or at the request of any agent, any benefit:

(a) as an inducement or reward for or otherwise on account of the agent’s:

(i) doing or not doing something, or having done or not having done something, or

(ii) showing or not showing, or having shown or not having shown, favour or disfavour to any person, in relation to the affairs or business of the agent’s principal, or

(b) the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal, the firstmentioned person is liable to imprisonment for 7 years.

(3) For the purposes of subsection (1), where a benefit is received or solicited by anyone with the consent or at the request of an agent, the agent shall be deemed to have received or solicited the benefit.

Penalty

The maximum penalty for corrupt commissions and rewards is 7 years imprisonment.

Defences

Some defences available to this offence include duress, intoxication and necessity.

How can a Criminal Lawyer help you?

There are generally two ways you can proceed with a criminal charge – plead guilty or plead not guilty. Just because you have been charged with Corrupt Commissions or Rewards, does not mean you are guilty.
A criminal solicitor will first investigate the charge against you and the evidence that the Police have gathered to support their charge. They will then give you clear advice on which way you should plead – guilty or not guilty (ie defending the charge).

If you are pleading guilty to this charge, the aim is to minimise what penalty you receive. It is possible to be imprisoned for this charge and as such you do not want to take these matters lightly.

If you are pleading not guilty to this charge, a criminal defence lawyer will carefully pick apart the Prosecution’s case against you and advocate for you at court.

Author Bio: Solicitor Emmanuel Apokis has many years experience in Criminal Law working with the experienced Sydney Criminal Lawyers at Prime Law.

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